Trial date for man accused of threatening officer pushed

November 16, 2012

MARTINSBURG - The trial of a Martinsburg man who was shot by police earlier this year while allegedly threatening to stab the officer with a railroad spike was continued Thursday during a hearing in Berkeley County Circuit Court.

Douglas C. Butler, 45, was named in a one-count indictment by a Berkeley County grand jury in May charging him with felony attempted malicious assault in connection with the March 11 incident, during which he was accused of threatening Martinsburg Police Patrolman David McDonald.

Butler was taken to Inova Fairfax Hospital in Virginia after the shooting. He was extradited back to West Virginia in late March after being released from the hospital.

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Douglas Butler

Butler, who is currently incarcerated at Eastern Regional Jail, was arraigned on the one-count indictment in August. He had been scheduled to go trial Nov. 27. His trial was continued so that he can undergo a mental health evaluation, Berkeley County Prosecutor Pamela Games-Neely said.

No new trial date was scheduled Thursday.

Butler, who has a history of schizophrenia, was previously sent to the William R. Sharpe Jr. Hospital, a state-run mental health facility in Weston, but was returned to the Eastern Regional Jail without a diagnosis or a recommendation regarding his competency to stand trial. The case was set out for at least 60 days to allow for the mental health evaluation.

According to court records, on March 11, police responded to the 400 block of Winchester Avenue for a report of a subject who had broken a car window and was threatening a tenant with a sharp object. About 45 minutes later, McDonald spotted a man matching the suspect's description walking on Norwalk Avenue. McDonald stopped his vehicle and called out to the suspect on the radio, records show.

As McDonald exited his vehicle, Butler allegedly walked toward him with a railroad spike in his right hand raised above his shoulder in a stabbing position. McDonald ordered the suspect to the ground several times, but says Butler didn't comply with the orders. McDonald backed away, drew his weapon and continued to tell Butler to get on the ground and drop the weapon, records show.

According to court records, Butler told McDonald, "Do it, do it," and came closer to him.

"As the suspect neared the officer, McDonald, who was in fear for his safety, then fired one round at the suspect, which caused him to be struck in the chest," the court records state.

Butler was taken into custody after another officer used a Taser to bring him under control. He faces one to three years in prison if convicted of attempted malicious assault.